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162 results

Page 1 of 9

  • 1 - The Rule of Law under Pressure

  • from Part I - Introduction: Concepts and Empirics
  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp 3-86
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  • Summary

    In a period of rising threats to constitutional government within countries and among them, it is a crucial time to study the rule of law in transnational context. This framework chapter defines core concepts, analyzes the relation between national and international law and institutions from a rule-of-law perspective, and assesses the extent to which rule-of-law practices are shifting at the domestic and international levels in parallel. Part I explains our conceptualization of the rule of law, necessary for the orientation of empirical study and policy responses. Following Martin Krygier, we formulate a teleological conception of the rule of law in terms of goals and practices, which, in turn, calls for an assessment of institutional mechanisms to advance these goals, given varying social conditions and contexts. Part II sets forth the ways in which international law and institutions are important for rule-of-law ends, as well as their pathologies, since power is also exercised beyond the state in an interconnected world. Part III examines empirical indicators of the decline of the rule of law at the national and international levels. It notes factors that could explain such decline, and why such factors appear to be transnationally linked. Part IV discusses what might be done given these shifts in rule-of-law protections. In conclusion, we note the implications of viewing the rule of law in transnational context for conceptual theory, empirical study, and policy response.

  • Preface

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp ix-xv
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  • Acknowledgments

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp xvi-xvi
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  • Index

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp 498-532
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  • Contributors

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp vii-viii
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  • Contents

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp v-vi
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  • Part IV - Conclusion

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp 459-497
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  • Part II - International Organizations and Transnational Legal Ordering of the Rule of Law

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp 151-248
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  • Copyright page

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp iv-iv
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  • Part III - National Case Studies in Transnational Context

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp 249-458
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  • Part I - Introduction: Concepts and Empirics

  • Edited by Gregory Shaffer, Georgetown University, Washington DC, Wayne Sandholtz, University of Southern California
  • Book:
    The Rule of Law under Pressure
    Published online:
    02 January 2025
    Print publication:
    16 January 2025, pp 1-150
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The Rule of Law under Pressure
  • A Transnational Challenge
  • Edited by Gregory Shaffer, Wayne Sandholtz
  • Published online:
    02 January 2025
    Print publication:
    16 January 2025
  • The Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.

  • Addressing the Negative Externalities of Trade: Flanking Policies and the Role of Package Treaties

  • Gregory Shaffer
  • Journal:
    World Trade Review / Volume 23 / Issue 5 / December 2024
    Published online by Cambridge University Press:
    13 January 2025, pp. 621-644
    Print publication:
    December 2024
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  • This article examines the rationales for addressing sustainability and social inclusion in trade policy and the tradeoffs among imperfect institutional choices in doing so through ‘flanking policies’. It examines three types of negative spillovers or externalities implicated by trade: material, moral, and social/political. Section 1 defines terms and sets forth the argument. Section 2 typologizes the three categories of negative externalities and then highlights the challenges posed for flanking measures given the reciprocal nature of externalities. It respectively addresses environmental harms and labor and social inclusion concerns. Section 3 assesses different institutional alternatives for addressing negative externalities, dividing them between domestic measures targeted at protecting domestic concerns and international ones, such as package treaties. Section 4 shows how the concept of a flanking measure can be flipped, so that environmental sustainability and social inclusion become the core and trade measures become the flanking policies. Section 5 concludes.

  • Part III - The Frontiers of Transnational Fiduciary Law

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp 261-298
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  • Copyright page

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp iv-iv
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  • Index

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp 299-312
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  • Contents

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp v-vi
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  • Part I - The Transnational Formation and Institutionalization of Fiduciary Law

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp 35-166
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  • Part II - The Recursive Development and Dynamic Consequences of Transnational Fiduciary Law

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp 167-260
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  • Contributors

  • Edited by Seth Davis, University of California, Berkeley School of Law, Thilo Kuntz, Heinrich-Heine-Universität Düsseldorf, Gregory Shaffer, Georgetown University Law Center, Washington DC
  • Book:
    Transnational Fiduciary Law
    Published online:
    22 November 2023
    Print publication:
    08 February 2024, pp vii-viii
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